PR Flashcards
Lawyer/Client Relationship
No duty to accept representation
Unless court appointment
May decline court appt rep if
Could not handle matter competently
Rep would result in improper conflict of interest, or
Acceptance unreasonably burdensome
Formation of L/C Relationship
Begins when client reasonably
Believes relationship exists
No writing is required
Scope of L/C Rep
Client determines objectives of rep
Lawyer decides means to reach objectives
Can be negotiated including duration
Limitation must be reasonable and client must provide informed consent
Power of Lawyer
Decides such things as strategy
Including manner, scope of x-exam and choosing theory for case
Power of Client
Decides such things as
Accept settlement, testify
Right to trial and entry of plea
Termination of L/C Relationship
May withdraw from representation if
Circumstances allow but
Duty to mitigate and lessen
Adverse impact upon client
Mandatory Withdrawal Violation
MUST withdraw If failure would result in violation of Rules of ethics or OTHER LAW Based upon client’s course of conduct Client must DEMAND not just suggest
CA Mandatory Withdrawal Violation
Must withdraw if
Knows or reasonably should know
Rep would result in violation of PR rules
Not other law
Mandatory Withdrawal Attorney Health
MUST withdraw if physical or
Mental condition MATERIALLY IMPAIRS ability to represent client
CA Mandatory Withdrawal Attorney Health
Physical or mental condition renders UNREASONABLY DIFFICULT to carry out effective rep
Mandatory Withdrawal Client Bad Faith
Lawyer knows or reasonably should know
Client is asserting claim or defense
Without probable cause for purpose of
Harassing or maliciously injuring person
Mandatory Withdrawal Discharge by Client
Has absolute right to discharge
For any reason
If client has severely diminished capacity
Lawyer MAY take reasonably necessary
Protective action to guard client’s interests
No Harm Permissive Withdrawal
Can do so without harming the client
CA No Harm Permissive Withdrawal
Not allowed
Harm to Client Permissive Withdrawal
Client persists in course of action reasonably believes criminal or fraudulent
Learns client used previous services to perpetrate crime or fraud
Insists on course of action lawyer finds repugnant or fundamental disagreement
Client fails substantially to fulfill obligation regarding services
Rep will result in unreasonable financial burden
Client has made representation unreasonably difficult for lawyer, or
Other good cause exists
CA Harm to Client Permissive Withdrawal
Client insists on presenting claim or defense not warranted under law and cannot be supported by good-faith argument for an extension, modification, or reversal of law
Client seeks to pursue criminal or fraudulent course of conduct or has used lawyer’s services to advance
Client insists lawyer pursue course of conduct criminal or fraudulent
Client renders unreasonably difficult to carry out rep effectively
Client breaches material term with lawyer relating to rep
Client knowingly and freely assents
Inability to work with co-counsel indicates best interests of client likely served by withdrawal
Lawyer’s mental or physical condition renders difficult for lawyer to carry out rep effectively
Continuation of rep likely to result in violation of these rules or SBA, or
Lawyer believes in good faith other good cause
Procedure to Withdraw L/C
Must give client reasonable notice
Prior to withdrawing and get court approval
If litigation is pending
MR Procedure to Withdraw L/C
Court order may require continuation of rep
Duties upon Termination L/C
Take reasonable measures to minimize
Harm done to client and
Return all papers and property and
Refund any part of a fee paid not earned
CA Duties upon Termination L/C
True retainer does not have to be refunded
Used to ensure availability of lawyer for matter
MR Fees
Must charge fees reasonable Under circumstances Court considers: Difficulty of case Preclusion of other employment Nature of relationship and fee arrangement Expertise of attorney Fee charged in locality
CA Fees
Not charge illegal or unconscionable fees
Unconscionability based upon facts and circumstances existing at time agreement
CA Unconscionability Fees
Entered into based on:
Lawyer engaged in fraud or overreaching in negotiating or setting fee
Lawyer failed to disclose material facts
Amount of fee in proportion to value of service
Relative sophistication of lawyer and client
Novelty and difficulty of questions involved
Likelihood avoidance of other employment
Amount involved and results obtained
Time limitations imposed
Nature and length of prof relationship with client
Experience, reputation, and ability of lawyer
Fee is fixed or contingent
Time and labor required and
Client gave informed consent to fee
CA Writing Fees
K for services required in writing when
Reasonably foreseeable total expenses will
Exceed $1,000 unless client is
Corp or client knowingly states in writing
W/ full disclosure, not want a written agreement
MR Contingent Fees
Must be in writing
Signature of client
Calculation methodology of fee, and
Details of calculation for expense deductions
CA Contingent Fees
Must provide duplicate copy of k
Signed by both lawyer and client, and
Writing must include:
Statement of rate
Statement of disbursements and costs incurred will affect contingency
Statement regarding extent to which client be required to compensate for related matters
If med mal, statement that statutory limits are maximum permitted
If not med mal, statement fee not set by law but negotiable
Exception to CA Contingent Fees
Agreements of workers’ compensation or between merchants
Lawyers in Same Firm Fee Splitting
May legitimately share or split fees
Entered by any of them and
May be shared with attorney who has retired
MR Lawyers from Different Firms Fee Splitting
Fee splitting is permitted if Fee in proportion to services Rendered by each lawyer or Jointly responsible Client agrees in writing to Fee-splitting arrangement, and Total fee charged reasonable
CA Lawyers from Different Firms Fee Splitting
Fee may not be shared between firms unless
Lawyers enter agreement to divide fee
Client has consented after disclosure including identity of lawyers, and total fee charged not increased solely by reason of agreement to split fees
Referral Fees
Generally prohibited to anyone recommending
Lawyer’s services, unless paying fees of
Legal services plan or approved lawyer-referral service
Lawyer who performs service for client
Prior to referral may be reasonably compensated
Former Partner Referral Fees
Profit sharing or retirement plans allowed
Non-Lawyers Referral Fees
No partnership may be made w/ non-lawyers if law
Exceptions to Non-Lawyers Referral Fees
Paid lawyer’s estate or death benefit
Lawyer purchases practice of lawyer pays agreed upon price to estate
Shared through compensation or retirement plan
Lawyer shares court-ordered fees with non-profit employed or retained lawyer
CA Referral Fees
Must not compensate, promise or give Anything of value to person May offer or give gift or gratuity to Person having made recommendation So long as was not given in consideration of Any promise, agreement, or understanding
Client Fund Accounts
Must be deposited in client account
Flat fee may be deposited in operating acct if law firm discloses in writing client has right to require it be deposited in trust acct until earned and client entitled to refund of fee paid not earned
L/C Privilege PR
Protects confidential comm between client and his attorney
Client holds privilege and continues indefinitely surviving end of representation and death
CA L/C Privilege PR
Privilege terminates when client’s estate
Settled and personal rep is discharged
Confidential L/C Privilege PR
Must be intended confidential
If made in knowing presence of 3rd party
Generally destroys privilege unless rep of either
Communication L/C Privilege PR
Must be for seeking legal advice or rep
But lawyer not required to give advice or agree to rep for privilege to exist
Exceptions to L/C Privilege PR
Future Crime or Fraud
Dispute Between Client and Attorney
Parties Claiming Through Deceased Client
Substantial Bodily Injury or Death
CA Future Crime/Fraud Exception to L/C Privilege PR
Applies to anyone, not just client
Substantial Bodily Injury or Death Exception to L/C Privilege PR
Lawyer reasonably believes
Necessary to prevent criminal act lawyer
Reasonably believes likely to result in
Death or substantial bodily harm of individual
Work Product Doctrine PR
Discoverable only if court determines
Denial will unfairly prejudice party seeking it
CA Work Product Doctrine PR
Reflects lawyer’s impressions, conclusions,
Opinions, or legal research or theories
Not discoverable under any circumstances
Duty of Confidentiality
Unless authorized by informed consent or
Impliedly authorized in order to carry out rep
MR Duty of Confidentiality
Protected info regardless of source or
Info that could reasonably lead to discovery of such info by 3rd party
CA Duty of Confidentiality
Maintain inviolate confidence, and at every peril to himself preserve secrets of client
Not protected if:
By person who consults lawyer w/out good faith intention to retain lawyer after lawyer states she is unwilling or unable to rep person or
w/out reasonable expectation lawyer will be retained
Exceptions Duty of Confidentiality
Death or SBI
Substantial Financial Harm
Advice About Compliance
Controversy Between Lawyer & Client
MR Death or Substantial Bodily Injury Exception Duty of Confidentiality
Reasonably certain
Met if death imminent or if
Present and substantial threat person will suffer harm at later date unless lawyer takes action
CA Death or Substantial Bodily Injury Exception Duty of Confidentiality
Reasonably necessary to prevent Criminal act lawyer reasonably believes Will result in death or SBI No more than necessary to prevent act Must make good-faith effort to persuade client not to commit and inform client of lawyer’s ability to reveal
Substantial Financial Harm Exception Duty of Confidentiality
MAY reveal info concerning rep to
Extent lawyer reasonably believes
Necessary to prevent client from committing
Reasonably certain to result in SBI to
Financial interests or property of another
May also be revealed to prevent, mitigate, or rectify SBI to fin interest or property
Advice About Compliance Exception Duty of Confidentiality
May reveal info if securing
Confidential legal advice about
Personal responsibility to comply w/ MR
Controversy Between Lawyer & Client Exception Duty of Confidentiality
To extent reasonably believes necessary
COI
Lawyer-Client Conflict Current Client Conflict Current and Former Client Conflict Prospective Clients Influence by Third Parties Conflict from ARM
Lawyer-Client Conflict
If significant risk rep may be
Materially limited by lawyer’s own interest unless
Reasonably believes will be able to provide
Competent and diligent rep to affected client
Rep not prohibited by law, and
Affected client gives informed consent
Confirmed in writing
Types of Lawyer-Client Conflict
Opposing Parties Related Sexual Relations Relationship to Party or Witness Lawyer as a Witness Acquiring an Interest in Litigation Financial Assistance to Client Entering Business Transactions with Clients Agreement to Limit Malpractice Recovery
MR Opposing Parties Related Lawyer-Client Conflict
Lawyer related to another lawyer May not rep client in matter Lawyer is rep another party unless Each client gives informed consent Disqualification personal and not imputed
CA Opposing Parties Related Lawyer-Client Conflict
Not permitted to rep a client in matter
Lawyer knows or reasonably should know
Another party’s lawyer is family
Lives with lawyer, is client of lawyer, or
Has an intimate relationship w/ lawyer unless
Lawyer first informs client in writing of relationship
Sexual Relations Lawyer-Client Conflict
Prohibited unless consensual sexual relationship
Existed between lawyer and client when
L/C relationship commenced
Conflict personal and not imputed
CA Exception Sexual Relations Lawyer-Client Conflict
When client is lawyer’s spouse or
Registered domestic partner
Cannot waive conflict
Relationship to Party or Witness Lawyer-Client Conflict
Not permitted to rep client in matter
Lawyer has, or knows other lawyer in firm has
Legal, business, financial, professional, or
Personal relationship w/ or responsibility to
Party or witness in same matter unless
Lawyer first informs client in writing of relationship
Lawyer as a Witness Lawyer-Client Conflict
May be disqualified from rep if likely
Necessary witness in action
MR Lawyer as a Witness Lawyer-Client Conflict
Unless relates to uncontested issue
Relates to nature & value of legal services or
Would put substantial hardship on client
CA Lawyer as a Witness Lawyer-Client Conflict
Same as MR but also if
Obtained client’s informed written consent
Acquiring an Interest in Litigation Lawyer-Client Conflict
MUST not obtain proprietary interest in
Cause of action or subject matter except acquires lien granted to secure payment or K for reasonable contingent fee
MR Financial Assistance to Client Lawyer-Client Conflict
Prohibited from financially assisting except advance litigation costs to client
Client remains ultimately liable but can be contingent upon outcome of case
If client indigent, lawyer may advance court costs & litigation expenses regardless if funds will be paid
CA Financial Assistance to Client Lawyer-Client Conflict
Not permitted to directly or indirectly Pay or agree to pay expenses of Prospective or existing client Allowed w/ client consent to pay 3rd parties from funds collected
Entering Business Transactions with Clients Lawyer-Client Conflict
Must not enter into business transaction w/ client
Or knowingly acquire interest adverse to client unless
Terms in writing, are fair, & client understands
Exceptions to Entering Business Transactions with Clients Lawyer-Client Conflict
Standard commercial transactions between
Lawyer and client for products or services
Generally markets to others
Literary or Media Rights COI
Prohibited from negotiating literary or
Media rights relating to rep
Prior to conclusion of rep
Gifts COI
Must not solicit or prepare instrument
Gives substantial gift to lawyer or
Person related to lawyer unless
Client is related to lawyer
CA Gifts COI
May prepare instrument if client
Advised by independent counsel
MR Agreement to Limit Malpractice Recovery COI
May limit malpractice recovery if client
Rep by independent lawyer
CA Agreement to Limit Malpractice Recovery COI
Prohibited from making agreement
Prospectively limiting malpractice liability
Current Client Conflict
Must not rep client if doing so would be
Directly adverse to interests of current client or
If there is significant risk rep will be materially
Limited by lawyer’s responsibilities to current client
Exceptions Current Client Conflict
Reasonably believes able to provide competent and diligent rep w/ subjective and objective
Not prohibited by law
Rep not involve assertion of claim by 1 client against another and each affected client gives
MR: informed consent, confirmed in writing for MR or
CA: informed written consent
MR Using Information Current Client Conflict
Must not use info relating to rep
To disadvantage of client unless
Informed consent, confirmed in writing
CA Using Information Current Client Conflict
Must not use client’s info protected by SBA
To disadvantage of client unless
Informed written consent
Current and Former Client Conflict
Previously rep client in matter must not
Subsequently rep another person in same or
Substantially related matter unless
Informed consent, confirmed in writing
Switching Private Firms
Not permitted to knowingly rep person in same or substantially related matter when previous firm rep client whose interests materially adverse to person or about whom lawyer acquired confidential info material to matter
Former client informed consent, confirmed in writing
CA: informed written consent
MR Disqualification of New Firm
Not imputed to new firm if:
Disqualified lawyer timely screened and no fee
Written notice given to former client, and
Certification of compliance w/ ethical rules and
Screening procedures provided to former client
CA Disqualification of New Firm
Not imputed to new firm if:
Prohibited lawyer not substantially participate
In same or substantially related matter
Disqualified lawyer timely screened and no fee, and
Written notice given to former client
Limitation to Old Firm
Not prohibited from subsequently rep a person w/
Interests materially adverse to a client rep by
Formerly lawyer & not currently rep by the firm unless matter is same or substantially related any lawyer remaining has confidential material info
Former Gov’t Lawyers
Prohibits former gov’t lawyer from rep
Client in matter lawyer participated personally and
Substantially as gov’t lawyer, unless
Gov’t gives informed consent, confirmed in writing
Disqualification of New Firm
CA Former Gov’t Lawyers
Informed written consent
Exception to Disqualification of New Firm Former Gov’t Lawyers
Timely screened from matter and no fee, and
Written notice promptly given to gov’t agency
Imputed Disqualification
May be waived by client if:
Lawyer reasonably believes able to provide competent & diligent rep
Rep not prohibited by law
Rep does not involve claim by 1 client against another client
Gives informed consent, confirmed in writing
CA: informed written consent
Exceptions to Imputed Disqualification
Personal conflicts not imputed
Prospective Clients
May not rep client w/ interests
Materially adverse to prospective client
In same or substantially related matter if
Lawyer received info from prospective client
That could significantly harm that person
CA Prospective Clients
Info received “material to the matter” and
Does not need to be “significantly harmful”
Exceptions to Prospective Clients
Informed written consent or
Limited exposure, screening & notice
3rd Party Payments COI
Permitted but lawyer must not permit
Person who recommends, employs, or
Pays lawyer to render legal services for another to
Direct or regulate lawyer’s prof judgment
Req of 3rd Party Payments COI
May not accept payment from 3rd parties unless
Client gives informed consent
No interference w/ lawyer’s prof judgment, and
Confidentiality preserved
CA 3rd Party Payments COI
Obtain informed written consent
Organization as Client
Owes duties of loyalty & confidentiality to org may rep both org and its constituents when no conflict exists
Duty to explain identity of client and may not mislead constituents
Misconduct of Organization as Client
Upon learning of action violation
Likely cause substantial injury to org
Must proceed as reasonably necessary in
Best interest of org
Reporting w/in Organization
Unless reasonably believes not in
Best interest of org
MUST refer matter to higher authority in org
CA Reporting w/in Organization
Must not reveal info protected by SBA
MR Reporting Outside of the Organization
If reported to highest authority and
Authority fails to address in timely manner, or
Refuses to act in clear violation of law and
Lawyer reasonably believes violation
Reasonably certain to result in SBI to org
MAY reveal info but only to extent
Reasonably believes necessary to prevent
CA Reporting Outside of the Organization
MUST proceed as reasonably necessary but
CANNOT report outside org but may resign or withdraw
Conflict from ARM
MUST not represent anyone in matter Lawyer participated personally & substantially as Judge or other adjudicative officer Unless all parties to proceeding give Informed written consent
MR Duty of Competence
Obligated to provide competent rep and
MUST possess legal knowledge, skill
Thoroughness, and prep reasonably
Necessary for rep
CA Duty of Competence
Must not intentionally, recklessly, w/ Gross negligence, or repeatedly fail to Perform legal services w/ competence Learning and skill, and Mental, emotional, and physical ability Reasonably necessary for performance
Exceptions to Duty of Competence
May give advice or assist in matter
Does not have skill ordinarily required if
Association would be impractical if emergency
Lacking Competence PR
Must decline or withdraw rep
Become competent w/out unreasonable delay, or
Associate w/ competent counsel
Duty of Diligence
Must act w/ reasonable diligence and promptness in rep client
Must be dedicated to client’s interests keep controlled workload, act w/ reasonable promptness, and follow through on all matters
Not bound to press every advantage
CA Duty of Diligence
Must not intentionally, repeatedly, recklessly, or
W/ gross negligence fail to act w/
Reasonable diligence in rep
Conduct in Course of Litigation
Avoid Frivolous Claims Candor to Tribunal Fairness to Opposing Party/Counsel Avoid Contact Threatening Charges
MR Avoid Frivolous Claims
Prohibited from bringing or defending unless
Basis in law & fact for doing so not frivolous
Frivolous if not good faith argument on merits
Good faith argument for extension, modification, or
Reversal of existing law not frivolous
CA Avoid Frivolous Claims
Must not present claim or defense
Not warranted under existing law, unless
Supported by good-faith argument for an extension,
Modification, or reversal of law.
6068 forbids lawyer from counseling or
Maintaining action does not appear legal or just
Avoid Frivolous Claims Arises
Arises if claim brought merely to embarrass, delay, or
Burden 3rd person or cause for purpose of
Harassing or maliciously injuring person
Exception to Avoid Frivolous Claims
Defense of person charged w/ crim offense
Expedite Litigation
Must make reasonable efforts to
Expedite litigation consistent w/
Interests of client
Candor to Tribunal
Must not knowingly make false statement
Of law to court and must correct false statement
Must disclose controlling authority known
That is directly adverse to client and not
Disclosed by opposing counsel
CA Candor to Tribunal
Must not knowingly misquote language of
Book, statute, decision, or other authority
Fairness to Opposing Party/Counsel
Must not themselves, counsel or assist in
Unlawfully obstruct another party’s
Access to evidence or unlawfully alter
Destroy, or conceal document or other
Material having potential evidentiary value
Must not fail to make reasonably diligent effort
To comply w/ legally proper discovery
Request of opposing party
CA Fairness to Opposing Party/Counsel
Cannot suppress evidence lawyer or
Client has legal obligation to reveal or produce
Ask to Avoid Contact
Must not request person other than client
To refrain from voluntarily giving relevant
Info to another party, unless person is
Relative or employee or agent of client and
Lawyer reasonably believes person’s interests
Will not be adversely affected
Threatening Charges
Prohibited from threatening to bring criminal,
Administrative, or disciplinary charges in
Effort to obtain advantage in civil dispute
Payment to Witnesses
May properly pay non-expert witness
Statutory fee and reasonable expenses
Incurred for testifying
Expert must be paid only reasonable rate
In expert’s profession & compensated for
Reasonable expenses for testifying
Expert fees cannot be contingent
CA Payment to Witnesses
May advance, guarantee, or acquiesce in pmt of expenses reasonably incurred witness to testify
Reasonable compensation for loss of time
To witness for testifying or
Reasonable fee for expert witness
Fraud/Perjury by Witness
Prohibited from knowingly offering
False evidence and may refuse to
Offer evidence she reasonably believes false
MR Fraud/Perjury by Witness
If witness called by lawyer offered
Material evidence and lawyer afterwards
Comes to know of its falsity
Must take reasonable remedial measures
Including persuading witness to withdraw or
Correct statement, and then, withdraw or
Disclose falsity to tribunal
CA Fraud/Perjury by Witness
Must attempt to dissuade witness and then
May withdraw but CANNOT disclose
Confidential info protected by the rules
Fraud/Perjury Criminal Defendants
Must not refuse to offer testimony of crim
Defendant when lawyer reasonably believes
But does not know testimony false
MR Fraud/Perjury Criminal Defendants
If testimony KNOWN to be false and
Client refuses to change their course
Must withdraw and may reveal info
To extent reasonably necessary to comply
If the court denies withdrawal
Must disclose false testimony
CA Fraud/Perjury Criminal Defendants
Must attempt to dissuade client
From committing perjury
If client refuses MAY ask to withdraw or may Embrace narrative approach and Continue to question defendant up to Point of falsehood
MUST not rely on perjured testimony in closing
Duty to Communicate
Duty to communicate with clients
Keeping reasonably informed of status of matter and
Respond to reasonable requests for info
If lawyer receives offer of settlement or plea:
Must notify client promptly unless
Client indicated previously proposal
Will be acceptable or unacceptable, or
Has authorized lawyer to accept or reject offer
CA Duty to Communicate
Must keep client reasonably informed about
Significant developments relating to rep
Must promptly communicate proposed plea or
Offer in criminal matter, and all terms of written
Settlement offer in civil matter
Oral offer of settlement must be communicated
If “significant development”
Ex Parte Communication
Not permitted to communicate
Ex parte with judges or jurors unless
Authorized by law or court
Exceptions to Ex Parte Communication
Comms involving housekeeping matters or
Emergency comm authorized by law or court order
After a juror’s duties end Contact w/ juror is permitted UNLESS JDX prohibits it Juror expresses desire not or Comm involves misrepresentation Coercion, duress, or harassment
Communication with Represented by Counsel
Not permitted to comm about Subject of rep w/ person lawyer KNOWS to be represented unless Consented to by other lawyer or Allowed by law or court order
Communication with Unrepresented by Counsel
Cannot state or imply disinterested
When knows or reasonably should
Know unrepresented person
Misunderstands lawyer’s role
Must make reasonable efforts
To correct misunderstanding
MUST not give legal advice but to
Secure counsel if lawyer knows or
Should know interests of such
Person are or have a reasonable possibility
Of being in conflict w/ interests of client
CA Communication with Unrepresented by Counsel
Interests must ACTUALLY be in conflict
Negotiations with Unrepresented by Counsel
May negotiate terms of transaction or
Settlement w/ unrepresented person if
Has explained lawyer reps an adverse party and
Not rep person
May also prepare documents for
Person’s signature and explain
Own view of meaning of document
Trial Publicity
Not permitted to make extrajudicial statement
Knows or reasonably should know will be
Disseminated by means of public communication and
Have likelihood of materially prejudicing proceeding
Exception to Trial Publicity
May make statement reasonably believes
Required to protect client from substantial
Undue prejudice from recent publicity
Not initiated by lawyer or client
Statements Allowed Trial Publicity
Claim, defense, etc.
Info contained in public record
Investigation in progress
Request for assistance in obtaining evid
Warning of danger concerning person involved
If reason to believe SBI to
Individual or public
Identity, residence, occupation, and family,
Info to aid in apprehending
Time and place of the arrest, and
Identity of investigating & arresting officers
Special Responsibilities of Prosecutors
Obligation to lay charges ONLY when Supported by probable cause See defendant accorded con DP rights Timely disclose known exculpatory evid Tending to disprove guilt of accused or Mitigate offense, and Take precautions to prevent & reverse innocent convictions
Advertising PR
Not make false or misleading statements about lawyer or services
Requirements:
Must include name & office address of
At least 1 lawyer responsible for content
Names of clients only if they consent
Statements about field of practice allowed
Statements about certifications ONLY if true
CA Advertising PR
Prohibited from guarantees about outcome
Statements can get quick cash or settlements
Impersonations of person other than lawyer purporting to be lawyer
Impersonations of person purporting to be client
Use of spokesperson unless
Disclosure of function
Offering in other language unless true and
Statement about contingent fees unless indicates whether client liable for costs
Solicitation PR
Prohibited when significant motive for
Lawyer’s action is pecuniary gain UNLESS
Person contacted is lawyer, or
Has close relationship
Mailings/Advertisements PR
Labeled “advertising material” UNLESS
Person expressed not to be solicited
MR Reporting Misconduct
Required to report misconduct of
Another lawyer to appropriate authority when
Actual knowledge of misconduct unless
Obtained as protected confidential info UNLESS
Future-crime exception
CA Reporting Misconduct
Must report in writing within 30 days of knowledge of:
Filing of 3 or more lawsuits in 12-month period
Entry of judgment against lawyer for fraud
Misrepresentation, breach of duty
Imposition of judicial sanctions except for discovery or under $1,000
Indictment or info charging lawyer w/ felony
Conviction of lawyer of felony, or misdemeanor w/in practice of law, or where client was victim
Imposition of discipline from occupational disciplinary agency or licensing board, or
Reversal of judgment based on misrepresentation grossly incompetent rep, or misconduct
Unauthorized Practice of Law
If not admitted to practice in JDX
Shall not establish office or other
Systematic and continuous presence in JDX
For practice of law or hold out to public or
Rep lawyer is admitted to practice there
Lawyer who assists non-lawyer in unauthorized practice
May be subject to civil & crim penalties
CA Unauthorized Practice of Law
Must not employ, associate in practice with, or
Assist person lawyer knows or reasonably
Should know is ineligible person
To engage in activities that constitute law
May employe, associate in practice with, or
Assist disbarred lawyer to perform research
Drafting, or clerical activities (paralegal)
Exceptions to Unauthorized Practice of Law
May represent client in JDX pro hac vice if
File motion to admission for case
Contractual Restrictions PR
May not participate in offering or making
Partnership, shareholders’, operating, employment, or
Other similar type of agreement
That would restrict lawyer’s right to practice after
Termination of relationship, except for agreement
Concerning benefits upon retirement
